Divorcing with a mortgage
A mortgage does not stop or delay your divorce. The divorce ends the marriage; what happens to the house and the mortgage is part of your financial settlement, which is dealt with separately and can be resolved before or after the divorce is final.
CalmSplit takes you through the divorce application for a one-off £159, and can prepare a consent order so an agreed financial settlement, including the property, is recorded and approved by the court.
- The divorce application does not ask about your mortgage
- Both borrowers remain liable to the lender until the mortgage changes
- A consent order records an agreed financial settlement
One-off CalmSplit fee. HMCTS court fees are paid separately to the court.
Check suitabilityNo payment to begin. You pay £159 when you are ready to prepare your application.
See how it worksWhy the mortgage does not hold up the divorce
Since the no-fault reforms, the divorce application deals only with ending the marriage. Property and mortgage decisions sit in the financial side of the separation and follow their own timetable.
The usual options for the property
- Sell and divide the net proceeds as agreed
- One person buys the other out and takes on the mortgage alone, subject to lender approval
- Keep the property for a period, for example until children finish school, then sell
- Transfer equity with a charge back to the leaving spouse
Talk to your lender early
Removing someone from a mortgage is a lender decision, not a court one. Ask early about affordability, a transfer of equity or a new product, so the plan you agree is one your lender will actually accept.
Recording the agreement
Once you agree, a consent order makes the settlement binding and prevents future claims. CalmSplit can prepare one, and an independent solicitor review is available as a separate add-on.
Frequently asked questions
Related CalmSplit pages
Check suitability
No payment to begin. You pay £159 when you are ready to prepare your application.
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